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|[ House Amendment 001 ]|
92_HB3143 LRB9206785SMpkA 1 AN ACT concerning procurement. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Legislative Audit Commission Act is 5 amended by changing Section 3 as follows: 6 (25 ILCS 150/3) (from Ch. 63, par. 106) 7 Sec. 3. The Commission shall receive the reports of the 8 Auditor General and other financial statements and shall 9 determine what remedial measures, if any, are needed, and 10 whether special studies and investigations are necessary. If 11 the Commission shall deem such studies and investigations to 12 be necessary, the Commission may direct the Auditor General 13 to undertake such studies or investigations. 14 The Commission may review procurements made by any State 15 agency. The Commission or a member of the Commission may, if 16 necessary, direct the Auditor General to undertake an 17 investigation of the procurement practices of a State agency. 18 When a disagreement between the Audit Commission and an 19 agency under the Governor's jurisdiction arises in the 20 process of the Audit Commission's review of audit reports 21 relating to such agency, the Audit Commission shall promptly 22 advise the Governor of such areas of disagreement. The 23 Governor shall respond to the Audit Commission within a 24 reasonable period of time, and in no event later than 60 25 days, expressing his views concerning such areas of 26 disagreement and indicating the corrective action taken by 27 his office with reference thereto or, if no action is taken, 28 indicating the reasons therefor. 29 The Audit Commission also promptly shall advise all other 30 responsible officials of the Executive, Judicial and 31 Legislative branches of the State government of areas of -2- LRB9206785SMpkA 1 disagreement arising in the process of the Commission's 2 review of their respective audit reports. With reference to 3 his particular office, each such responsible official shall 4 respond to the Audit Commission within a reasonable period of 5 time, and in no event later than 60 days, expressing his view 6 concerning such areas of disagreement and indicating the 7 corrective action taken with reference thereto or stating the 8 reasons that no action has been taken. 9 The Commission shall report its activities to the General 10 Assembly including such remedial measures as it deems to be 11 necessary. The report of the Commission shall be made to the 12 General Assembly not less often than annually and not later 13 than March 1 in each year. 14 The requirement for reporting to the General Assembly 15 shall be satisfied by filing copies of the report with the 16 Speaker, the Minority Leader and the Clerk of the House of 17 Representatives and the President, the Minority Leader and 18 the Secretary of the Senate and the Legislative Research 19 Unit, as required by Section 3.1 of "An Act to revise the law 20 in relation to the General Assembly", approved February 25, 21 1874, as amended, and filing such additional copies with the 22 State Government Report Distribution Center for the General 23 Assembly as is required under paragraph (t) of Section 7 of 24 the State Library Act. 25 In addition, the Commission has the powers and duties 26 provided for in the "Illinois State Auditing Act", enacted by 27 the 78th General Assembly, and, if the provisions of that Act 28 are conflict with those of this Act, that Act prevails. 29 (Source: P.A. 84-1438.) 30 Section 10. The Illinois Procurement Code is amended by 31 changing Sections 20-10 and 30-15 and by adding Section 30-16 32 as follows: -3- LRB9206785SMpkA 1 (30 ILCS 500/20-10) 2 Sec. 20-10. Competitive sealed bidding. 3 (a) Conditions for use. All contracts shall be awarded 4 by competitive sealed bidding except as otherwise provided in 5 Section 20-5. 6 (b) Invitation for bids. An invitation for bids shall 7 be issued and shall include a purchase description and the 8 material contractual terms and conditions applicable to the 9 procurement. Each invitation for sealed bids shall at a 10 minimum include: 11 (1) a statement of: 12 (A) all significant factors and significant 13 subfactors that the purchasing agency reasonably 14 expects to consider in evaluating sealed bids 15 (including cost or price, cost-related or 16 price-related factors and subfactors, and 17 noncost-related or nonprice-related factors and 18 subfactors); and 19 (B) the relative importance assigned to each 20 of those factors and subfactors. 21 (c) Public notice. Public notice of the invitation for 22 bids shall be published in the Illinois Procurement Bulletin 23 at least 14 days before the date set in the invitation for 24 the opening of bids. 25 (d) Bid opening. Bids shall be opened publicly in the 26 presence of one or more witnesses at the time and place 27 designated in the invitation for bids. The name of each 28 bidder, the amount of each bid, and other relevant 29 information as may be specified by rule shall be recorded. 30 After the award of the contract, the winning bid and the 31 record of each unsuccessful bid shall be open to public 32 inspection. 33 (e) Bid acceptance and bid evaluation. Bids shall be 34 unconditionally accepted without alteration or correction, -4- LRB9206785SMpkA 1 except as authorized in this Code. Bids shall be evaluated 2 based on the requirements set forth in the invitation for 3 bids, which may include criteria to determine acceptability 4 such as inspection, testing, quality, workmanship, delivery, 5 and suitability for a particular purpose. Those criteria 6 that will affect the bid price and be considered in 7 evaluation for award, such as discounts, transportation 8 costs, and total or life cycle costs, shall be objectively 9 measurable. The invitation for bids shall set forth the 10 evaluation criteria to be used. In prescribing the evaluation 11 factors to be included in each invitation for sealed bids, a 12 purchasing agency shall include cost or price to the State as 13 an evaluation factor that must be considered in the 14 evaluation of proposals. 15 (f) Correction or withdrawal of bids. Correction or 16 withdrawal of inadvertently erroneous bids before or after 17 award, or cancellation of awards of contracts based on bid 18 mistakes, shall be permitted in accordance with rules. After 19 bid opening, no changes in bid prices or other provisions of 20 bids prejudicial to the interest of the State or fair 21 competition shall be permitted. All decisions to permit the 22 correction or withdrawal of bids based on bid mistakes shall 23 be supported by written determination made by a State 24 purchasing officer. 25 (g) Award. The contract shall be awarded with 26 reasonable promptness by written notice to the lowest 27 responsible and responsive bidder whose bid meets the 28 requirements and criteria set forth in the invitation for 29 bids, except when a State purchasing officer determines it is 30 not in the best interest of the State and by written 31 explanation determines another bidder shall receive the 32 award. The explanation shall appear in the appropriate 33 volume of the Illinois Procurement Bulletin. 34 (h) Multi-step sealed bidding. When it is considered -5- LRB9206785SMpkA 1 impracticable to initially prepare a purchase description to 2 support an award based on price, an invitation for bids may 3 be issued requesting the submission of unpriced offers to be 4 followed by an invitation for bids limited to those bidders 5 whose offers have been qualified under the criteria set forth 6 in the first solicitation. 7 (Source: P.A. 90-572, eff. date - See Sec. 99-5.) 8 (30 ILCS 500/30-15) 9 Sec. 30-15. Method of source selection. 10 (a) Competitive sealed bidding. Except as provided in 11 subsections (b), (c), and (d) and Sections 20-20, 20-25,
and12 20-30, and 30-16, all State construction contracts shall be 13 procured by competitive sealed bidding in accordance with 14 Section 20-10. 15 (b) Other methods. 16 (1) Construction Manager Services. Procurement of 17 a construction manager for project services, which may 18 include, but are not limited to, scheduling, contractor 19 coordination, and administration of pay requests, but not 20 including design services, shall be made in accordance 21 with Section 20-15 providing for competitive sealed 22 proposals and Central Management Services procurement 23 rules that establish procedures for competitive sealed 24 proposals. 25 (2) Illinois Correctional Industries. Procurement 26 from Illinois Correctional Industries constitutes 27 contracting between State governmental bodies, exempt 28 from Procurement Code requirements, and shall be done in 29 accordance with Section 45-30, Central Management 30 Services rules, and the procurement practices provisions 31 of the Capital Development Board as established by rule. 32 Such procurements may utilize an annual master contract 33 with agreed-upon unit prices for construction services, -6- LRB9206785SMpkA 1 against which sub-orders may be placed for specific 2 Capital Development Board projects. 3 (3) Art-in-Architecture Program Procurement. Works 4 of art procured for Capital Development Board 5 construction projects pursuant to Section 14 of the 6 Capital Development Board Act shall be in accordance with 7 selection procedures developed by the Fine Arts Review 8 Committee and Capital Development Board, in consultation 9 with the Public Arts Advisory Committee. The Capital10 Development Board shall establish by rule construction11 purchases that may be made without competitive sealed12 bidding and the most competitive alternate method of13 source selection that shall be used.14 (c) Construction-related professional services. All 15 construction-related professional services contracts shall be 16 awarded in accordance with the provisions of the 17 Architectural, Engineering, and Land Surveying Qualifications 18 Based Selection Act. "Professional services" means those 19 services within the scope of the practice of architecture, 20 professional engineering, structural engineering, or 21 registered land surveying, as defined by the laws of this 22 State. 23 (d) Correctional facilities. Remodeling and 24 rehabilitation projects at correctional facilities under 25 $25,000 funded from the General Revenue Fund are exempt from 26 the provisions of this Article. The Department of 27 Corrections may use inmate labor for the remodeling or 28 rehabilitation of correctional facilities on those projects 29 under $25,000 funded from the General Revenue Fund. 30 (Source: P.A. 90-572, eff. date - See Sec. 99-5.) 31 (30 ILCS 500/30-16 new) 32 Sec. 30-16. Justification for use of noncompetitive 33 procedures. -7- LRB9206785SMpkA 1 (a) A purchasing agency may not award a contract using 2 procedures other than competitive procedures unless: 3 (1) the purchasing agency for the contract: 4 (A) justifies the use of such procedures in 5 writing and certifies the accuracy and completeness 6 of the justification; and 7 (B) publishes any required notice with respect 8 to such contract as provided for competitive sealed 9 bids in Section 20-10 and all bids or proposals 10 received in response to such notice have been 11 considered by the purchasing agency; or 12 (2) otherwise provided in Section 30-15. 13 (b) In the case of a procurement permitted by Section 14 20-30, the justification and approval required by subsection 15 (a) may be made after the contract is awarded. The 16 justification and approval required by subsection (a) is not 17 required: 18 (1) when a statute expressly requires that the 19 procurement be made from a specified source; 20 (2) when the agency's need is for a brand-name 21 commercial item for authorized resale; or 22 (3) in the case of a procurement in which the head 23 of the purchasing agency determines that it is necessary 24 in the public interest to use procedures other than 25 competitive procedures in the particular procurement 26 concerned, and notifies the Legislative Audit Commission 27 in writing of such determination not less than 30 days 28 before the award of the contract. 29 (c) The justification required by subdivision (a)(1) 30 shall include: 31 (1) a description of the agency's needs; 32 (2) an identification of the statutory exception 33 from the requirement to use competitive procedures and a 34 demonstration, based on the proposed contractor's -8- LRB9206785SMpkA 1 qualifications or the nature of the procurement, of the 2 reasons for using that exception; 3 (3) a determination that the anticipated cost will 4 be fair and reasonable; 5 (4) a description of the market survey conducted or 6 a statement of the reasons a market survey was not 7 conducted; 8 (5) a listing of the sources, if any, that 9 expressed in writing an interest in the procurement; and 10 (6) a statement of the actions, if any, the agency 11 may take to remove or overcome a barrier to competition 12 before a subsequent procurement for such needs. 13 (d) The justification required by subdivision (a)(1) and 14 any related information shall be filed with the Legislative 15 Audit Commission and made available for inspection by the 16 public. Any bidder or potential bidder on the contract may 17 appeal the decision by the agency to offer the contract in 18 other than a competitive process. The appeal shall be taken 19 first to the agency offering the contract. Final 20 administrative decisions of the agency are subject to review 21 under the provisions of the Administrative Review Law. 22 (e) In no case may a purchasing agency: 23 (1) enter into a contract for property or services 24 using procedures other than competitive procedures on the 25 basis of the lack of advance planning or concerns related 26 to the amount of funds available to the agency for 27 procurement functions; or 28 (2) procure property or services from another State 29 agency unless such other State agency complies fully with 30 the requirements of this Code in its procurement of such 31 property or services. The restriction set out in this 32 subdivision (e)(2) is in addition to, and not in lieu of, 33 any other restriction provided by law. -9- LRB9206785SMpkA 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.
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